Auxin Solar Sues Commerce Over AD/CVD Waiver, Claiming Unfair Competition from Low-Priced Chinese Imports

Auxin Solar has sued Commerce over the AD/CVD waiver, alleging that Commerce has upheld a “lawless” solar marketplace and denied Auxin Solar’s right to relief from uncompetitively low-priced Chinese products. The president’s waiver, which he reaffirmed to veto a Senate decision to remove it in April 2023, was introduced as a ‘bridge’ to allow the US solar industry to ramp up its operations and begin harnessing the Inflation Reduction Act’s (IRA) incentives before the import barriers come into place. This latest lawsuit has sparked discussion in the solar industry, with some suggesting that further action would negatively impact the US’ decarbonisation programme and impact the industry.